Divorce and Family Law Practices

Grounds | Legal Separation | Child Custody | Visitation/Parenting Time | Child Support | Equitable Distribution | Maintenance/Spousal Support | High Net Worth and Complex Asset Division | Pre/Post Nuptial Agreements | Marital Agreement | Paternity | Same Sex Couples and Families | Adoption | Orders of Protection | Child Abuse and Neglect | Enforcement | Modification

There may be certain reasons why parties want to enter into a legal separation (separate their finances and live apart), but not immediately get divorced. A legal separation addresses all of the same issues that are addressed in a divorce. However, the parties remain legally married. To further explore your different options and to see what is in your best interest, please contact our office to schedule a consultation.

Child custody tends to be the most sensitive and emotionally charged area of family and matrimonial law. During a divorce proceeding, the physical and legal custody of a child, as well as parenting time, are usually addressed by the court, or resolved by way of settlement. However, Family Court can also determine issues of child custody and parenting time when there is no divorce proceeding. The court must determine the best interests of the child in determining which party should have custody and the amount of time that the child will spend with each parent.

The court will consider several factors before awarding custody. These factors may include:

Visitation/Parenting Time refers to the time that the “non-custodial” parent spends with the child, which may include weekends, midweek time, summer and school vacations. During settlement discussions or divorce proceedings, the terms of child custody and visitation are addressed. It is always best if parents can work together to decide upon a custody and visitation arrangement that is mutually agreeable. If the parties cannot agree, the court will decide the terms of custody and visitation for them.

The parent that has primary physical custody is entitled to child support payments from the non-custodial parent. In New York, child support is based upon a percentage of gross income, after certain adjustments such as Social Security, Medicare, NYC tax and amounts paid pursuant to other support orders. These percentages are as follows: 17 for one child, 25 for two children, 29 for three children, 31 for four children and 35 for five or more children. However, the courts may, on occasion, adjust these percentages if it determines that they are unfair or inappropriate under the circumstances. Child support can be determined in the context of a divorce, or where there is no divorce.

Spouses considering divorce need to understand how property division will affect their various assets. New York is an equitable distribution state. This means that marital property will be divided “equitably”, which is not always the same as “equally”.

Property division and equitable distribution can be complex, especially in high net worth cases and those involving a great deal of varied property. It is not always immediately clear what assets are considered marital property, and therefore subject to division, and what assets are considered separate, and therefore not subject to division.

As a general rule, those assets acquired after the date of marriage and before the commencement of an action for divorce are considered marital assets. Assets acquired prior to marriage or after the commencement of a divorce or separation action are generally considered separate property and therefore not subject to division. However, there are exceptions to these rules involving inheritances, personal injury awards, lottery winnings, and an increase in the value of separate property. Our firm will need to review your particular situation in order to advise you on which assets should be considered separate and which assets should be considered marital.

Determining maintenance/spousal support (formerly referred to as alimony) can be a complicated process. Whether you are seeking to collect maintenance or may be required to pay it, you need a skilled matrimonial/family law attorney to protect your interests and financial future. Our experienced attorneys can explain the laws surrounding spousal support, inform a person of his/her legal options, challenge spousal support terms in court, and protect the person’s individual rights in and around Long Island and the New York metropolitan area.

Maintenance/spousal support is a long or short term payment of money from the monied spouse to the non-monied spouse resulting from a divorce or legal separation. Family Court can also award maintenance between spouses where there is no divorce or separation action, but where adequate support nonetheless becomes an issue. Maintenance is designed to cover the needs of the dependent spouse, including shelter, food, clothing, and medical expenses. When two people get married, they establish a standard of living. Upon a divorce, the law of New York endeavors to help the dependent spouse maintain that standard of living through the receipt of maintenance or spousal support. This type of support is designed to provide sufficient income for the dependent spouse to maintain the marital standard of living, if economically feasible, at least until the dependent spouse is able to become self-supporting.

The amount of maintenance is now determined by a formula that considers the incomes of both parties.

High net worth divorce cases can be highly contentious, as significant income, assets and sometimes business(es) and real estate holdings must be considered in distributing marital property and providing for spousal and/or child support. If you have a high income and /or complex equitable distribution case, have created substantial wealth during the marriage, and need to protect your interests, the attorneys at Rubin & Rosenblum, PLLC have the experience to assist you.

We have the knowledge and skills necessary to evaluate, negotiate, and draft prenuptial agreements and post nuptial agreements that address your concerns and financial goals for the future.

Prenuptial agreements are very time sensitive. It is important to consider the agreement with sufficient time prior to the marriage. Otherwise, should the agreement ever come into effect, there may be a dispute that an individual was coerced. In addition to drafting these agreements, our lawyers also have the experience and trial skills to successfully litigate the agreement. Postnuptial agreements are executed anytime after a marriage.

For quality, informative and experienced assistance with a prenuptial agreement before marriage or a post nuptial agreement following marriage, contact our prenuptial agreement lawyers

If these issues were not addressed in a pre-nuptial agreement, they can also be addressed them after marriage, in what is known as a post-nuptial agreement. Our experienced attorneys can assist you in this regard.